Gov. Lee touts his policy, but faces criticism
NASHVILLE — Since taking office in January, Tennessee Gov. Bill Lee has sought to increase transparency and openness in state government.
He’s issued an executive order mandating transparency, invited the public to comment on legislation and launched a webpage that gives additional disclosure on economic development grants. He signed legislation that helps protect people who criticize government officials and other public figures.
At the same time, his administration has faced criticism on a lack of transparency in other areas, including weakening a bill that would have increased disclosure of economic incentives and hosting a series of closed-door meetings across the state on health care and criminal justice issues.
Deborah Fisher, executive director of the Tennessee Coalition of Open Government, said it is too early to assess Lee’s impact on government transparency.
“I don’t think the governor has done anything yet to improve transparency in
government in Tennessee, but I also don’t think he has done anything to make it a lot worse,” she said.
House Minority Leader Karen Camper, D-Memphis, said she has given Lee a “newlywed pass” for his first six months.
“I’m hoping that this lack of transparency is not an indication of who he’s going to be,” she said when asked about recent examples such as the closeddoor health care meetings.
Laine Arnold, the governor’s spokeswoman, said improving transparency is a long-term project for the Lee administration. She said early efforts included the public comment initiative for legislation and the governor delivering a State of the State-style address in all three of Tennessee’s Grand Divisions.
EARLY ACTIONS FROM LEE ADMINISTRATION
Earlier this year, when the governor spoke to members of the Tennessee Press Association at a lunchtime gathering in Nashville, Lee commended reporters for their line of work.
He said public officials’ interactions with the media make them better.
“I’ve clearly become better, not just at my interactions, but better as a public servant because of the experiences that I had on the campaign trail,” he said, less than three weeks after being sworn into office.
In one of his first actions after taking office, Lee signed an executive order mandating openness, transparency and accountability within the executive branch, including requiring employees undergo training on open meetings and open records. He vowed to overhaul the state’s laws governing public records and open meetings.
Such calls for change are not unheard of for new governors. When former Gov. Bill Haslam entered office in 2011, he made similar pledges for greater transparency in government.
Lee also announced plans to implement a bill review process to allow public comment on legislation under consideration during the legislative session.
The governor also signed into law legislation aimed at protecting a person’s right to criticize businesses, government officials and other public figures.
The law guards against so-called strategic lawsuits against public participation, or SLAPP. More than 30 other states have similar laws, and the legislation this year was championed by news organizations and other First Amendment advocates.
BUMPS ALONG THE WAY
But the Lee administration has experienced bumps along the way in terms of transparency, openness and media access.
There has been no significant effort yet to tackle the state’s more than 500 exemptions to the public records law or overhaul the open meetings law, for instance.
When The Associated Press asked for copies of all applications submitted to Lee’s transition office, the administration said it would cost $2,200. And when The AP reviewed the documents, it discovered more than half of the governor’s Cabinet didn’t submit applications or provide any documents.
The AP further documented how in his first 100 days in office, Lee reduced his availability for media questions and increased his use of photo-only events throughout the state.
In March, the Lee administration worked to remove significant provisions from a bill designed to better protect public funds and allow taxpayers to see which companies receive tax breaks.
The Fair Accountability and Clarity in Tax Subsidies Act requires so-called “clawbacks” on the state’s largest business subsidies. But the original bill contained more provisions for disclosing who receives tax incentives. The Department of Economic and Community Development, led by Commissioner Bob Rolfe, opposed the additional transparency.
Officials with the Tennessee Department of Environment and Conservation have continued to conceal emails about an industry-sponsored golf tournament first reported by The Tennessean.
Meanwhile, the administration declined to release reports state agencies submitted to the governor on how to improve services in rural areas, a key initiative Lee highlighted during a recent summit in Linden, Tennessee.
LEE PLEDGES OPENNESS ON PUBLIC POLICY
Most recently, a Tennessean reporter was asked to leave a discussion at Lipscomb University attended by dozens of lobbyists, legislative liaisons and members of the health care industry.
After leaving, a Tennessean reporter was able to hear Lee’s brief remarks to the group from outside a door attached to the auditorium. The governor briefly touched on the issue of transparency.
“This is just the beginning, as you know. We’ve got a lot of input, and we’re going to make suggestions and continue this process in a more in-depth way that is more outwardly focused and transparent, but we — this is the way to start,” he said.
In a brief interview after speaking, Lee said the health care modernization task force he is launching will be transparent.
“When we start the policymaking process of this, we want the public to know exactly what we’re doing,” Lee said.
Fisher, the executive director of the open government group, said any efforts made by the media to attend the listening sessions should be welcomed by the administration.
“The truth is, whenever you exclude the press you make it seem like there’s something top secret that’s going on,” she said.
In addition to the health care task force, the governor’s office has also launched a similar listening tour centered around criminal justice, which has also excluded Democratic lawmakers, the public and the media.
Sen. Jeff Yarbro, D-Nashville, said there are laws and standards in place to ensure the governor is working on Tennesseans’ behalf and not just those he’s meeting behind closed doors.
“The notion that the governor would explicitly launch sessions to plan the future of health care in Tennessee and exclude the press, the public and anyone else from attending is a betrayal of our traditions,” he said.
LEE TOUTS OPEN ECD WEBSITE
During his February appearance at the press association gathering, Lee talked about how he wanted to move Tennessee forward in terms of access and transparency.
“Whether it’s openness around taxpayer dollars used in ECD funding and the appropriate openness there or open records or meetings,” Lee said. “I want to be a governor that makes that situation and that environment better than it is even today.”
Arnold, Lee’s spokeswoman, pointed to the administration’s recent launch of a website that gives more information about economic development grants that have been announced but are pending contract.
“The administration is constantly looking for innovations and ideas that improve information access and encourage engagement from the Tennessee taxpayer,” she said by email.
She said the administration was not required by law to launch the new OpenECD website. It was a voluntary effort to increase transparency, she said.
“When we start the policymaking process of [the health care modernization task force,] we want the public to know exactly what we’re doing.”
– GOV. BILL LEE